Legal Question in Wills and Trusts in Mississippi
Is back alimony a debt after death?
My father passed away two years ago owing my mother back alimony. He was a songwriter and collected royalities quarterly, can she file anything against this to collect her money? I have recieved numerous letters from BMI (who distributes the money)wanting the names of my father heirs. There was no will and I assume that his widow is the executor. His widow is aware of the royalities and has chosen not to persue receiving any of this money. I understand that his children are entitled to this but only my brother and I have come forward.(he had 4 more children from his second marriage) Also in my mothers divorce decree she was entitled to 20% of all his royalities which he did pay until his death. I just need to know if back alimony is a debt? My parents were divorced in Tennessee and at the time of my father death he was a resident of Mississippi, does this make a difference? He owes her around $70,000-$80,000.
1 Answer from Attorneys
Re: Is back alimony a debt after death?
It appears that each installment of backdue alimony is a claim based on a judgment with a 3-year statute of limitation and is not abated by death of the payor. However, it seems the claims will likely be extinguished if they are not filed in probate within 90 days after first publication of notice to creditors in a newspaper by the decedent's estate administrator or executor.
Mississippi law will control the probate.
Your mother should consult with an attorney as soon as possible to protect her interests. It is very likely that the 90-day period has expired, but if she did not receive notice, her claim probably probably remains viable.
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